75A - PH ACCESSORY DWELLING UNITS

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(4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. Sec. 41-194.11 - Non -conforming Properties. (1) Legal nonconformities of the existing primary dwelling, except for legal nonconformities related to the parking standards of this chapter, shall (2) A lot shall comply with the current parking standards of this chapter prior to or concurrent with the establishment of an accessory dwelling unit. Sec. 41-194.12 - Restrictive Covenant. Prior to issuance of a building permit for an accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the accessory dwelling unit shall be owner -occupied shall be recorded against the title of the Property in the County Recorder's office and a copy filed with the Planning Division. Said covenant shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that: (1) The accessory dwelling unit shall not be sold separately from the primary dwelling. (2) The unit is restricted to the approval size and attributes of this chapter. (3) The covenant restrictions run with the land and may be enforced against future purchasers. (4) The covenant restrictions may be removed if the owner eliminates the accessory dwelling unit. (5) The covenant restriction shall be enforced by the Director of Planning and Building or his or her designee for the benefit of the City of Santa Ana. Failure of the property owner to comply with the covenant restrictions may result in legal action against the property owner and the City shall be authorized to obtain any remedy available to it at law or equity, including but Ordinance No. NS -XXX Page 11 of 15 75A-47